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Immigration Legal Services in North Carolina FAQ
Common Immigration Concerns
Immigrants in North Carolina often deal with a variety of legal concerns that can impact their ability to work, live, and stay in the U.S.:
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Work Visas: Many individuals in North Carolina seek work permits or permanent residency through employment. Common visa options include the H-1B for specialized workers and the O-1 for those with extraordinary abilities.
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Deportation: Facing deportation is a serious concern for immigrants, especially for those without legal status or those who have overstayed their visas. The risk of removal can be mitigated by seeking legal relief options, such as applying for asylum, cancellation of removal, or other forms of defense.
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Family-Based Immigration: Families often try to reunite through family-based immigration, which involves sponsoring relatives like spouses and children for green cards. This process can be complex, especially when dealing with delays or denials, which is why legal advice is crucial.
These issues require careful planning and understanding of federal immigration laws. Consulting with an immigration attorney is highly recommended to navigate these concerns effectively.
Green Card and Citizenship
The green card application process involves several steps, and the timeline and requirements can vary depending on your situation:
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Eligibility: To apply for a green card, you must first meet eligibility criteria, which include being sponsored by a family member, or employer, or qualifying through other programs such as asylum. Special categories, like U-Visas for crime victims, can also provide eligibility.
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Application Steps: The process generally begins with filing a petition (Form I-130 for family-based applicants or Form I-140 for employment-based applicants). Once approved, you must undergo medical exams, background checks, and attend an interview.
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Waiting Periods: Processing times can range from months to years depending on the category and country of origin.
If you are facing the possibility of deportation, there are several legal options available to delay or prevent removal:
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Defenses Against Deportation: Immigrants facing removal can raise legal defenses in court. This may include proving eligibility for cancellation of removal, which allows certain individuals to stay in the U.S. if they have lived in the country for a specified period and meet other conditions, such as demonstrating good moral character.
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Asylum: If you fear returning to your home country due to persecution based on race, religion, nationality, or other factors, you may be eligible for asylum. The asylum process can provide relief from deportation and allow you to apply for permanent residency after a certain period.
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Temporary Protected Status (TPS): Certain nationals from countries affected by environmental disasters, armed conflict, or other extraordinary conditions may qualify for TPS. This status allows you to stay in the U.S. temporarily and apply for work authorization.
Immigration Status and Timeline
If you’re detained by ICE, it’s important to take immediate steps to protect your rights:
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Contact an Attorney: Your attorney will help explain your rights and guide you through the process. They can also explore options for your release or request a bond hearing.
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Bond and Release: In many cases, you may be eligible for a bond, which allows for temporary release while your case proceeds. Your attorney can help argue your case for a bond, which may involve demonstrating family ties, length of U.S. residence, or other factors.
Having legal representation is key to navigating ICE detention and securing your best chance at a favorable outcome.
The costs of immigration legal services can vary depending on the complexity of your case, but here’s what to expect:
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Attorney Fees: Attorneys may charge flat fees for specific services like consultations, filing petitions, or representing you in court. More complex cases, such as appeals or removal defense, may require hourly rates.
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Additional Costs: Besides attorney fees, you may face costs like filing fees with USCIS (United States Citizenship and Immigration Services), medical exams for green card applications, translation services, and background checks.
You can check your immigration status by using your receipt number on the USCIS website to track your case. If you're concerned about detention, you can also request your records from ICE.
Immigration Appeals and Legal Consequences
Yes, you can apply for U.S. citizenship if you’ve been a green card holder for at least five years (three years if married to a U.S. citizen). The process involves filing Form N-400, attending an interview, and passing a civics test. An NC immigration attorney can help ensure a smooth application process.
The length of the immigration process depends on the case. Family-based petitions can take months to years, depending on the relationship and country. Employment visas also vary, while naturalization generally takes 6 months to a year. Consult an NC immigration attorney for a more accurate timeline.
Immigration Legal Guidance & Costs in North Carolina
Lying on immigration forms can lead to serious consequences, including legal penalties like fines, criminal charges, or deportation. False information or documents can also affect your ability to obtain visas, green cards, or citizenship in the future, as it’s seen as fraud, which severely harms your credibility in immigration matters.
If you're facing an immigration challenge, it's necessary to seek experienced legal immigration advice.
Our team is here to guide you through the complexities of your case. Contact Shankle Law today for a consultation and take the next step toward resolving your immigration concerns.